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Persuasion and Value in Legal Argument

Authors: Trevor J. M. Bench-Capon; Katie Atkinson; Alison Chorley;

Persuasion and Value in Legal Argument

Abstract

In this paper we consider legal reasoning as a species of practical reasoning. As such it is important both that arguments are considered in the context of competing, attacking and supporting arguments, and that the possibility of rational disagreement is accommodated. We present two formal frameworks for considering systems of arguments: the standard framework of Dung, and an extension which relates arguments to values allowing for rational disagreement. We apply these frameworks to modelling a body of case law, explain how the frameworks can be generated to reconstruct legal reasoning in particular cases, and describe some tools to support the extraction of the value related knowledge required from a set of precedent cases.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
46
Top 10%
Top 10%
Top 10%
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